Paternity

October 12, 2012

COOPERATION/COMMUNICATION WITH YOUR ATTORNEY

Throughout your legal representation, it is imperative that you respond to your attorney in a timely manner when information is requested. Most often a hearing date is coming up and we must adhere to court deadlines to exchange documentation and provide it to the opposing party. By responding on time to your attorney and providing the necessary documentation, you will save money. Repeated efforts to track clients down or get the information needed from other sources probably will show up on your bill one way or another.

But most importantly, it will help your case. When attorneys do not get timely information from clients, they simply cannot be the efficient, effective advocates they strive to be. They may not be able to present your case in the best light. They may alienate counsel or the court. They may have to delay things to your detriment. They may not be able to file the appropriate documents with the court because they do not have all the necessary information.

When you receive mail or email from your attorney, please open and read the mail immediately. You often will be requested to take some action such as gather documents, schedule appointments, sign papers, or pay court fees. It is crucial that you read all incoming mail and respond to the action requested. Advise your attorney of the best way to provide you with written materials, i.e. either by mail or email.

May 14, 2012

Child Placement and Custody in Wisconsin: What About the Child’s Wishes?

Wessel, Lehker & Fumelle Inc.

Last week I attended the thirty-sixth annual conference of the Wisconsin Inter-Professional Committee on Divorce. One full day was devoted to the topic of the voice of the child in custody and placement disputes. Wisconsin Statutes provide that the “wishes of the child” is a specific factor for the court to consider. See Wis. Stats. Sec. 767.41(5).

But what does that mean in practice? How much weight should the child’s wishes be given? And how can the child’s wishes be accurately ascertained in the fraught environment of a pending court action?

A pending Wisconsin Court of Appeals case explores these issues in the context of a post-judgment placement modification motion. Wessel, Lehker & Fumelle argued in that appeal that it was error for the trial court to base its placement decision exclusively on the child’s preference. Read our briefs here. Watch this blog for updates.

October 24, 2011

Wisconsin Child Custody: Medical Decisions Before Birth

Wessel, Lehker & Fumelle Inc.

Can a putative father obtain an injunction in a Wisconsin paternity case before he has been adjudicated the father? The answer – at least in one court – appears to be “yes.”

Mom filed a paternity action regarding her unborn child. Alleged dad learned that mom was planning to subject the baby to an elective medical procedure shortly after the baby’s birth. Specifically, mom was planning to have the baby circumcised.

Alleged Dad objected to the circumcision on health and cultural grounds. Dad moved for a temporary order enjoining the parties from consenting to non-emergency medical procedures pending further order.